1 Preventative Law BriefLegal Assistance Office Legal Services Support Team – Camp Pendleton

2 Office Information Location Phone Fax 22 Area Directly across fromBuilding in the 22 Area Phone (760) Fax (760) 22 Area Directly across from the Air Station Website: - Services - Legal Services Support Team - Legal Assistance

3 General Legal AssistanceWalk-in Hours – Times to speak to an attorney about your legal issue Tuesday Wednesday Thursday Estate Planning (Wills) – Times to speak to an attorney to draft your will Monday, Wednesday, and Friday Briefs –General guidance on subjects Dissolution (Divorce) - Tuesday and Thursday Estate Planning (Wills) - Monday, Wednesday, and Friday Citizenship – 1st, 3rd & 5th Wednesdays of month- 1400 Notaries – Times for obtaining powers of attorney and notarizations Monday thru Thursday to 1100 and 1300 to 1500 Friday to 1100

4 Citizenship Legal AssistanceImmigration Walk-in Hours – Times to speak about immigration FIRST COME, FIRST SERVE BASIS Wednesday to 1100 Citizenship Paperwork Turn-in Monday thru Thursday to and 1300 to 1530 Briefs –General guidance on subjects Citizenship – 1st, 3rd & 5th Wednesdays of month- 1400

5 Services Offered Adoption / Name Change Consumer IssuesStep-parent adoption for minor child, name change for minor or adult Consumer Issues Auto purchase or sale, credit or collection problem, bankruptcy advice Domestic Relations Support, custody, guardianship, divorce, annulment, paternity Immigration Naturalization, citizenship, resident permit, visa, employment authorization Military Rights and Benefits Service Members Civil Relief Act Landlord/Tenant or Real Estate Lease issues, security deposit, eviction, foreclosure Estate Planning Willis, living wills, powers of attorney Crime Victim Assistance

6 Services Not Offered Claims against the GovernmentBoard of Correction of Naval Records (BCNR) Fitness Report Rebuttals Enlistment Contract Disputes Civilian Criminal Matters (DUIs, Traffic Tickets, etc) Filing for Bankruptcy Trusts Criminal Matters Court-Martial or NJP Counseling

7 Volunteer Income Tax AssistanceVolunteer Income Tax Assistance (VITA) can assist you with filing your taxes and answer your tax questions During Tax Season (Jan-Apr), Building 1687 on Main Side near the San Luis Rey Gate; From May-Dec, Legal Asst Office;

8 Buying a Vehicle

9 Buying a Vehicle

10 DOs of Buying a Car Do your pricing research before even going to a dealership Get a vehicle history report for any used cars prices range from $3.50 to $8.95 Carfax.com; same info, but price is $39.99 Obtain approval from bank BEFORE visiting a dealership

11 DON’Ts of Buying a Car Do not get emotionally connected to any one car – shop around Do not be afraid to walk away for any deal – there will be others and walking away gives you more bargaining power. Be wary of other “Marines” bringing you to a dealership – dealerships usually provide a cash referral to these “Marines” Ask for help – it is a confusing process designed to inflate the profit for the car dealership Ask NCOs, SNCOs, officers, and legal assistance for any help Never go to a car dealership alone– always bring a buddy Do not visit any dealerships on the Pacific Coast Hwy

12 Financing Charger or Mustang ?What is a good interest rate on a car loan? Who can explain how a car is financed? Show of hands, who would pay a 25% interest rate for the car of the their dreams? Charger or Mustang ?

13 Financing Expect to pay roughly 10% the value of the car as a down payment Pay attention to the cost of the financing – how much will you pay just to borrow the money you do not already have? Example from Legal Assistance Cases: Obtained financing at 27% for a 5 year loan $15,000 - car sticker price paid by customer $12,481 - interest charges over 5 years!!!!! $458 - monthly payments for 60 months $27,481 - total cost of the car!!!!! Car was only worth $11,000 on Kelley Blue Book (interest charges were more than the value of the car) Customer (Sucker) paid $16,481 over the actual value of the car

14 Can you afford a vehicle?Monthly car payments should be no more than 15-20% of after-tax pay PFC takes in roughly $1,750 each month Monthly payments should range from $250 to $325 Maximum payment for vehicle should be approximately $350 Car loans should not last longer than 3-4 years If you need to get a car loan for 5, 6, or 7 years to stay within your monthly payment range, then you cannot afford the car!

15 Common Mistakes Falling in love with one vehicle (and telling the dealer) Negotiating from sticker price (don’t be a chump) Talking about monthly payments with dealer Needing a vehicle immediately Negotiating alone, always bring backup. Prematurely talking about a trade-in Buying unnecessary extras Not walking out of dealership when you should (they will call you back) Bringing a pre-approved loan check. 1. When spending tens of thousands of dollars on a car, emotion shouldn't rule the day. Becoming infatuated with a single model can blind you to alternative vehicles that may be better for your needs or make you skimp on thoroughly researching a vehicle's ratings, reviews, reliability, or safety and pricing information. A wide-eyed approach can also leave you more susceptible to a salesperson's tactics to get you to pay more than you should. To determine which vehicle is best for you, you should set emotion aside and focus on doing your homework, comparing different models, and assessing your real wants and needs. There will be plenty of time for emotion after you've bought the vehicle. Once you tell a salesmen that you like “this vehicle” or “this is the one” or anything like that, you have handed power over to him. He will now use that information against you. Certainly you should take notes what you do and do not like about a vehicle, but be open to the possibility that your dream vehicle’s competitor may have much better promotions or incentives at that time. Once you pigeon hole yourself to one car, one brand, you’ve lost some negotiating power Forget about sticker price or MSRP. If the salesmen speaks in percentages off of MSRP you can tell him “anyone who pays anything close to MSRP is a sucker, do I look like a sucker?” Tell him that you have a price in your head, and if they don’t meet the price then they don’t sell a car, it’s that simple. If you think about it, it is liberating for you the car buyer. Promise yourself, you and your spouse can help each other in this, but if they don’t meet your price that you’ve researched, you walk. It takes all of the drama and uncomfortableness out of it You can be ripped off and still have a low monthly payment. If you get a loan for 5, 6, 7 years, your monthly payment will be low, but you will be paying thousands and thousands of dollars in interest. So when the dealer says to you “what kind of a monthly payment are you looking for,” you should reply that you will not be negotiating based on monthly payment, but on total price. Don’t let the salesmen rip you off in the first minute of conversation by committing to a monthly payment. You’re negotiating on an out-the-door price. 4. If you need a car immediately you are at a huge disadvantage. So if you find yourself in that situation, don’t tell the salesmen that you have an immediate need and pretend that you are interested only if the price is right. Even if you plan on buying a car that same day, you must leave the dealership after you make your offer near invoice. Make the dealer feel like you’re not an immediate buyer. 5. If you are not an assertive person, if you don’t like competition and the challenge, you will want to bring people with you who are. I recommend you have 3 people. With three people you’re increasing the likelihood that one of you will say what everyone is thinking. If the salesman says something rude, one of you should say “that is not very pleasant of you,” or perhaps “we did not come here to be lectured by a car salesman.” Don’t let the salesmen walk you around the lot, make him follow you. If he says “come inside where we can talk numbers” tell him “No, I’ll come in when I’m ready.” You have to maintain control over where you are and what you’re talking about. Remember, the car salesman is trying to get the most money out of you as possible. You have to play this game too if you are going to get a good deal The car salesman wants to confuse you. Talk about the out-the-door price of your new vehicle before you talk about trade-in value. Don’t let the salesmen talk about everything at once. It will confuse you and I promise the dealer will take more of your money. 7. Dealerships often try to sell you extras that boost their profit margin but are a waste of you money. They can include rust-proofing, fabric protection, paint protectant, or VIN etching, in which the vehicle identification number is etched onto the windows to deter thieves. Don't accept those unnecessary services and fees. If you see those items on the bill of sale and you haven't agreed to them, simply cross them out and refuse to pay for them. Vehicle bodies are already coated to protect against rust. And recent CR reliability surveys show that rust is not a major problem with modern cars. You can treat upholstery and apply paint protectant yourself with good off-the-shelf products that cost only a few dollars. If you decide you want VIN etching, you can buy a kit to do it yourself for less than $25, instead of the $200 that some dealerships charge. Also think twice about an extended warranty. It can cost hundreds of dollars. But if you buy a model with good reliability or if you expect to have the vehicle only for five years or less, it often isn't worth the cost.

16 Warranty Many used car dealerships offer warranty options for purchaseCan be a good idea for a used car However, you should only buy if the price and coverage is right for your car Dealer profit on extended warranties is over 60% Get the actual terms of the warranty Do not trust what the salesman tells you about the warranty

17 Vehicle Inspection Mechanics can easily determine: Damage from a major accident Frame damage Temporary fixes to make the car drive okay Lawful amount of tire tread and break pad Get salesman to promise all safety equipment/systems are operable Do not let the salesman convince you to use the dealership’s mechanic Take the vehicle to a mechanic of your choice If the dealership is reputable, they will have no problem with you taking the car for a few hours to get it inspected Don’t trust the CARFAX. CARFAX only covers accidents that were reported to the insurance companies.. Getting a $50 inspection is the best $50 you can spend

18 Warning There is no cancellation period to revoke the contract unless you purchase that option at the time you buy the vehicle Only if the vehicle is returned within that time period are you allowed to bring the vehicle back and get out of the contract If you are not sure you want to buy the car - DON’T BUY IT! Don’t be afraid to sleep on it. The dealer may tell you that the car is being looked at or that they will sell it if you walk away. 95% of the time this is a lie. The oldest trick in the book: When you show up to look at a car and it’s gone. Dealer will tell you that it’s being test driven. Usually this is a false, they have just moved it to the back of the lot. Come to our office immediately if you have any problems with a car dealership

19 Bottom Line Come to our office immediately if you haveDO YOUR HOMEWORK!!! BUYING A CAR TAKES TIME NEVER FINANCE VIA DEALERSHIP ONLY BUY A VEHICLE YOU CAN AFFORD NEGOTIATE, NEGOTIATE, NEGOTIATE!!! OBTAIN VEHICLE INSPECTION FROM 3RD PARTY MECHANIC TAKE A BUDDY WITH YOU DON’T SIGN ANYTHING UNTIL YOU HAVE AN ATTORNEY REVIEW SALES CONTRACT Come to our office immediately if you have ANY problems with a car dealership

20 Identify Theft

21 Identify Theft

22 Identity Theft ProtectionsPlace an “active-duty fraud alert” on your credit report Stop pre-approved credit cards arriving in the mail Obtain and review periodic reports from the credit bureaus FreeCreditReport.com is not actually free

23 Door-to-Door Salesmen

24 Do Not Buy Anything You Don’t Need It!Marines and spouses are often targets of door-to-door salesmen Warn your spouse not to buy anything and not to even open the door for them If a product is being sold door-to-door – it is not worth buying If something is being sold to you door-to-door, then chances are you had no interest in purchasing that item until the salesman showed up Research your product and go to a reputable store to make your purchases You Don’t Need It!

25 Dissolution (Divorce)

26 Marriage Marriage is a lifetime commitment which carries many obligations and responsibilities which may last long after any divorce Life in the barracks is not that bad – Living in a dysfunctional marriage is that bad Divorce rate in the Marine Corps is over 72% for first time marriages

27 Marriage Your spouse rates half of your retirement earned while married even through you have not yet retired Married for 5 years during active duty 12.5% to spouse Married for 10 years during active duty 25% to spouse Married for 20 years during active duty 50% to spouse No minimum length of marriage for spouse to get retirement pay Spouse also could get half of your pay, allowances, re-enlistment bonuses, leave days Property obtained during marriage is “community property” which means he/she can claim half of any such property (CA is CP state)

28 Marriage If you are married for more than 10 years, it is considered a long-term marriage in California Judge could then order spousal support for the rest of his/her life If you are married for less than years, it is considered a short term marriage in California Judge could then order spousal support for half the length of the marriage Child support guidelines in California are among the highest in the country

29 Marriage Marine Corps could also order you to provide a portion of your BAH to your spouse even before you become divorced If a disgruntled spouse contacts your command asking for support, contact our office immediately for assistance Chapter 15 of the LEGADMINMAN – “All complaints alleging inadequate support of family members shall be directed to the commanding officer of the Marine concerned.” There are certain exceptions to these orders and a legal assistance attorney can best help you address the situation Come to our office immediately if your Command orders you to provide spousal/child support to your family

30 Divorce Mediation

31 Divorce Mediation

32 Benefits of Mediation Spouses decide between themselves – not a judge Less costly, less time consuming and more efficient Continues until both spouses agree on the terms Does not preclude litigation if mediation is unsuccessful Flexible schedule without required court hearings Able to establish interim child/spousal support terms without resorting to Chapter 15 Complaints If Divorce is a possibility come see us on Tues or Thurs at to begin the process

33 Estate Planning

34 Do I need a will? You might NEED a will if:1) You have children and want to appoint a guardian; or 2) You have part ownership in a family farm or business; or 3) You have certain items which you want distributed to certain people You might NOT need a will if: 1) You are married, have no children, and want everything to go to your spouse; or 2) You are not married, have no children, and want everything to go to your parents in equal shares

35 “Are you under any coercion, duress or undue influence?”No one is allowed to order you to get a will You must be freely entering into its terms A will that is executed under duress can be voided

36 May not need a will if . . . If everything you own is pictured below – you may not need a will

37 Power of Attorney (POA)Lets you (the principal) grant someone (the agent) the legal authority to act on your behalf Make business and financial decisions Sell or register a vehicle File taxes Get a Credit Card Sign a Lease Take care of children ANYTHING THAT REQUIRES YOUR SIGNATURE

38 Types of Power of AttorneyGeneral Power of Attorney: unlimited authority Very risky and may be unnecessary Some institutions may not even accept Special Power of Attorney: limited authority Minimizes risk and accomplishes your intent May want to use specific financial institution for specific powers Power of Attorney for the Care of Children (In Loco Parentis) Designate someone to care for your child if neither biological parent is available to act as a parent Only temporary responsibility over the child, and does not change court-ordered custody

39 General Power of AttorneyA Marine designates his mother as his agent, and when he returns from deployment, he finds out that his mother has filed for divorce and served his wife with divorce papers Marine designates his wife as his agent, and when he returns from deployment, he finds out she sold the house, emptied his bank accounts, and moved back home Sailor designates his father as his agent, and when he returns from deployment, he finds out his father emptied his bank accounts, leased a truck at 25% interest, and accrued $30,000 in credit card debt

40 Deployment Issues

41 Servicemembers Civil Relief ActThe Servicemembers Civil Relief Act (SCRA) gives you rights: May request a stay of proceedings to allow the servicemember to appear in and defend a civil cause of action May reduce a financial obligation entered into before active-duty service to 6% May terminate a lease agreement of a vehicle used by the servicemember or dependents May terminate a lease agreement of an apartment or home May request a termination or suspension of a cellular service contract

42 UCMJ Defense Issues Who plays Col Jessup in A Few Good Men?

43 UCMJ Defense Issues

44 Driving Under the Influence5 Types of Punishments for Off-Base DUI Oceanside Police – Jail Command – NJP, reduction in rank, forfeitures of pay Base Magistrate – On-base driving privileges suspended for 12 months State – Suspension of state driver’s license Financial – Fines, court costs, mandatory classes, breathalyzer in vehicle Financial costs average $10,000 or more Towing and impound fees Attorney’s fees Increased insurance rates Court costs Fines Injury or damage to another driver or vehicle

45 Financial Impact Towing (4 days in Jail = $135/day) 540Lawyer (No injury to another person) ,500 Fine (Normally $1,400 but Lawyer gets this reduced) Alcohol Education Course MADD Impact Panel Fee Court Fees IMMEDIATE COST TOTAL: _________________________________________________________________________________________________________________________________________________________ 5 Years of Increased Insurance ,000 License Reinstatement Fees TOTAL AFTER 5 YEARS: __________________________________________________________________________________________________________________________________________________________ LONG TERM TOTAL MONETARY COST: $4,975 $5,500 $10,475

46 Adultery Unlike in the civilian world, the Marine Corps prosecutes adulterers Adultery is a violation of the UCMJ NJP Special Court-Martial Confinement Forfeiture of Pay and Allowances

47 UCMJ Article 120 Sexual Assault is a hot button issue in today’s political climate. Congress has mandated that military leaders take a special interest in the prosecution of all sexual assault crimes and allegations If you are found guilty of sexual assault you may face brig time (up to 10 years), registering as a sex offender, the stigma of being a rapist, etc Bottom line: If the person you are trying to go home with has been drinking, you are taking a risk. One night of pleasure is not worth a lifetime of pain

48 Domestic Violence Put your hands in your pockets and do not take them out! You won’t be a Marine for long Court-Martial Restraining Orders Military Protective Orders You may lose custody/visitation of your children Lautenberg Amendment If convicted of a misdemeanor for domestic violence or you have a permanent restraining order You cannot lawfully possess a firearm You will most likely be separated from the Marine Corps if you cannot carry a weapon

50 Office Information Location Phone Fax 22 Area Directly across fromBuilding in the 22 Area Phone (760) Fax (760) 22 Area Directly across from the Air Station Website: - Services - Legal Services Support Team - Legal Assistance

51 Questions?